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(영문) 대구지방법원 2015.04.07 2014가단108208
대여금
Text

1. Defendant B shall pay to the Plaintiff KRW 27,00,000 as well as 20% per annum from May 14, 2014 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is the spouse of Defendant B, and Defendant C, after the university of Defendant B.

Defendant C and Postal No. 2 of the 20,000,000 won on May 4, 201, 201, the deposit account for the fake payment account and the bank’s non-bank bank account, Defendant C and Postal Service A’s evidence No. 2-1, May 27, 2011, 200,000 won on May 30, 201, 201, Defendant C, I Bank No. 2-20,000,000 on May 31, 201, and I Bank No. 2-20,00,000,000 won on September 30, 201, 201, I Bank No. 2-2-30,000,000 won on September 21, 201, Defendant C-A-B’s evidence No. 30,000,000 won on September 20, 2011;

B. From May 4, 2011 to September 21, 2011, the Plaintiff divided several occasions as indicated in the following table and remitted 200 million won to Defendant C’s account.

C. On July 22, 2011, Defendant C remitted KRW 30 million to D, the Plaintiff’s spouse, and Defendant B paid to the Plaintiff KRW 10 million on April 3, 2012 and KRW 3 million on November 8, 2012, respectively.

After November 19, 2012, the Plaintiff entered into a contract to purchase KRW 280,00,000 with respect to the land of seven parcels, including 162 square meters, in the name of Defendant C, Cheong-do, Chungcheongnam-do, Cheongbuk-do, where the transfer of ownership has been completed under the name of Defendant C, and the contract deposit is KRW 150,000,000, out of the 177,000,000, at which the buyer (the Plaintiff) was paid.

On the other hand, on April 7, 201, Defendant C purchased KRW 244,000,000 for an orchard of 3233 square meters located in the Cheongdo-gun, Chungcheongnam-do (hereinafter “instant land”). The down payment of KRW 35,00,000 for an intermediate payment of KRW 100,000 on the date of the contract, and the intermediate payment of KRW 100,000 on May 13, 201, and the remainder of KRW 109,00,000 is paid on May 31, 201, and the registration of ownership transfer for the instant land is completed on the remainder payment date.

B. 170,000,000 won out of the money remitted to Defendant C’s account as stated in the claim was used as the purchase price of the instant land.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 12, and 14 (including branch numbers, if any) and the purport of the whole pleadings

2. Defendant B’s claim against Defendant B.

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